At-Fault vs. No-Fault Divorce in Arkansas: Understanding Divorce Laws

When navigating divorce in Arkansas, it’s essential to understand the differences between at-fault and no-fault divorces in Arkansas state and how the state's specific regulations may affect your case. Both types of divorces have their own benefits and challenges, and the decision you make can significantly impact areas like property division, alimony, and child custody.

At-Fault Divorce in Arkansas

An at-fault divorce requires the spouse filing for divorce to provide specific legal reasons, or "grounds," for the dissolution of the marriage. These grounds essentially assign blame for the failure of the relationship. In Arkansas, some of the most common grounds for an at-fault divorce include adultery, cruel and barbarous treatment (such as physical abuse), habitual drunkenness, abandonment for at least one year, impotency, and conviction of a felony.

One of the more unique aspects of Arkansas divorce law is the inclusion of general indignities as a reason for divorce. This broad category refers to a pattern of mistreatment or disrespectful behavior that makes life together unbearable. Because it covers a wide range of behaviors, general indignities are frequently cited in divorce cases. However, to succeed in an at-fault divorce, the spouse bringing the claim must provide evidence of the alleged misconduct, which can make the process more public and contentious.

No-Fault Divorce in Arkansas

Arkansas also offers a no-fault divorce option, where neither spouse is blamed for the breakdown of the marriage. In this case, the most common reason cited is that the couple has lived separately for at least 18 months without cohabitation. This makes a no-fault divorce less complicated and less confrontational since no evidence of wrongdoing is required.

Deciding Between At-Fault and No-Fault Divorce

Choosing whether to pursue an at-fault or no-fault divorce in any state can have significant implications for your case. In Arkansas, in an at-fault divorce, the spouse alleging fault may be able to obtain more favorable outcomes in areas like alimony or property division. However, this type of divorce often involves gathering evidence and proving fault, which can result in a more drawn-out, emotionally charged court battle.

In contrast, a no-fault divorce is typically quicker and less adversarial, as it doesn’t require proving blame. For couples looking to end their marriage with minimal conflict, this can be a more straightforward option. However, the impact on asset division or spousal support might not be as significant as in an at-fault divorce.

Grounds for At-Fault Divorce in Arkansas

The specific grounds for an at-fault divorce in Arkansas are set out in Arkansas Code Section 9-12-301. These include:

• Impotence, where one spouse is unable to consummate the marriage.
• Conviction of a felony, which gives the other spouse the right to file for divorce.
• Habitual drunkenness, where a pattern of excessive alcohol use continues for at least one year.
• Cruel and barbarous treatment, which typically refers to physical abuse or endangerment of the spouse's life.
• General indignities, which can include a wide range of disrespectful or humiliating behavior that makes living together unbearable.
• Adultery, though it must be proven with evidence.
• Three consecutive years of incurable insanity, if one spouse has been mentally incapacitated for an extended period.
• Willful failure to provide legally obligated support, where one spouse refuses to financially support the other as required by law.

How Arkansas Compares to Other States

While many states have similar grounds for divorce, Arkansas has its own unique legal framework. For example, Utah lists similar grounds, including impotency, adultery, and cruelty, while Texas has fewer grounds, such as abandonment, adultery, and felony conviction. Each state varies in its specific legal approach, which is why it’s essential to understand Arkansas' rules if you’re pursuing an at-fault divorce there.

Is Withholding Sex Grounds for Divorce in Arkansas?

Withholding sex in a marriage is not directly named as grounds for divorce in Arkansas, but it can fall under the categories of impotence or general indignities, depending on the circumstances. For instance, if one spouse refuses to engage in marital relations and this causes distress or humiliation, it may be considered a form of neglect or mistreatment that could justify an at-fault divorce under general indignities.

In some states, such as North Dakota or New York, refusal of sexual relations can be classified as desertion or abandonment, but Arkansas handles such cases with a broader interpretation of marital misconduct. Proving this in court often requires demonstrating a pattern of behavior that has made living together intolerable.

Can You Divorce a Spouse with a Mental Illness in Arkansas?

Yes, in Arkansas, mental illness can be grounds for divorce, but certain criteria must be met. Arkansas law allows divorce based on incurable insanity if the mentally ill spouse has been institutionalized or incapacitated for at least three consecutive years. You will need to provide credible medical evidence, typically from a doctor or psychiatrist, to prove the condition is permanent and renders the marriage unsustainable.

The term "incurable insanity" generally refers to a severe mental condition with no reasonable chance of recovery. This ground for divorce is meant to address situations where mental illness makes it impossible for the couple to maintain a normal marital relationship.

Filing for divorce on the grounds of mental illness can be a sensitive process, requiring thorough documentation and expert testimony. It’s important to consult with a family law attorney to understand the legal steps involved and to ensure you are meeting the requirements for this type of divorce.

Religious or Biblical Grounds for Divorce

While Arkansas law provides specific legal grounds for divorce, some individuals may also consider the religious or biblical reasons for ending a marriage. Within Christian and Catholic traditions, divorce may be interpreted differently, with some faiths being more restrictive.

The Bible outlines four main grounds for divorce:

1. Sexual immorality, including adultery, as mentioned in Matthew 5:32 and Matthew 19:9.
2. Abandonment by an unbeliever, addressed in 1 Corinthians 7:15, which allows for divorce when an unbelieving spouse leaves the marriage.
3. Adultery, which is considered grounds for divorce in both the Bible and Arkansas law (Matthew 19:8-9).
4. Death, which dissolves the marriage bond, as stated in Romans 7:2.

While these religious grounds may guide the beliefs of some individuals, it’s important to remember that civil law governs the legal aspects of divorce in Arkansas. In certain cases, religious faiths—especially Catholicism—may require an annulment rather than a divorce for the dissolution of a marriage. Individuals with strong religious convictions may want to consult both a family law attorney and a spiritual advisor when considering divorce.

Pros and Cons of Filing an At-Fault Divorce

There are both advantages and disadvantages to filing for an at-fault divorce in Arkansas. One of the main benefits of pursuing an at-fault divorce is that proving fault—such as adultery or cruelty—can lead to more favorable outcomes in the division of property, alimony, or even custody arrangements. For example, if a spouse’s behavior directly caused the breakdown of the marriage, a judge may award a larger share of the marital assets to the wronged spouse.

On the other hand, filing for an at-fault divorce can also complicate the process. Accusing a spouse of wrongdoing often escalates tensions, making it more difficult to reach an amicable resolution. Additionally, proving fault can be costly and time-consuming, as it requires gathering evidence, presenting witness testimony, and undergoing a public court hearing. This prolonged process can strain both parties emotionally and financially, with no guarantee that the outcome will be significantly better than in a no-fault divorce.

While an at-fault divorce might seem appealing for those who feel wronged, the benefits may not always outweigh the emotional toll and expense. For some couples, a no-fault divorce offers a quicker, less stressful solution, allowing them to focus on resolving practical matters like child custody and financial stability.

Do you need an at-fault divorce lawyer? What are your options?

Whether you choose an at-fault or no-fault divorce, it’s important to seek legal advice. A lawyer can guide you through critical decisions, such as whether to pursue an at-fault or no-fault divorce, how to defend against a claim of fault, and how to navigate the intricacies of the state's divorce laws. They can also assist in gathering necessary evidence, preparing your case, and representing your interests in court, ensuring that you have the best chance for a favorable outcome in your divorce proceedings.

Online legal platforms are offer resources for handling simple divorces, and they can help navigate you to resources for more complex divorces. Your Law Coach was designed especially for individuals in Arkansas..

Whether you are considering an at-fault divorce or need assistance with the legal process in Arkansas, reaching out to a qualified family law attorney can provide peace of mind and help you navigate this challenging time effectively.

References

1. Arkansas Code Annotated § 9-12-301 (2024). Retrieved from Arkansas Legislature Website.
2. "Arkansas Divorce Laws." FindLaw, 2024. Retrieved from FindLaw Website.
3. "Divorce Grounds in Arkansas." Nolo, 2024. Retrieved from Nolo Website.
4. "Family Law: Divorce and Legal Separation." Arkansas Judiciary, 2024. Retrieved from Arkansas Courts Website.
5. "Biblical Grounds for Divorce." Bible Study Tools, 2024. Retrieved from Bible Study Tools Website.
6. "State-by-State Comparison of Divorce Grounds." National Center for Family Law, 2024.
7. "Divorce and Mental Health Considerations in Arkansas." Arkansas Legal Resources, 2024. Retrieved from Arkansas Bar Association Website.
8. "Sexless Marriage as Grounds for Divorce." American Family Law Journal, 2024.
9. "Find a Family Law Attorney." Arkansas Bar Association, 2024. Retrieved from Arkansas Bar Association Website.
10. "Top Divorce Attorneys in Arkansas." Justia, 2024. Retrieved from Justia Website.

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